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Mark Hunter Uncertainty over the legal and ethical implications of retaining
human tissue is endangering several medical research programmes, leaving pathologists "in a hiatus" over the status of archived slides and tissue blocks, and putting postmortem diagnoses back 30 years, it was claimed this week.
In the aftermath of the damning report into the retention of
children's organs at Alder Hey Hospital in Liverpool, researchers and
pathologists are growing increasingly concerned that a combination of
public distrust and government overreaction could severely restrict the
supply of human tissue.
Of particular concern is the uncertainty over what constitutes fully
informed patient consent. Advice from the chief medical officer, Liam
Donaldson, after the Alder Hey and Bristol interim inquiry reports,
stated that consent forms should contain "details of the tissue and
organs to be retained, the uses to which they might be put, and the
agreed length of time for retention."
Professor Gordon McVie, director general of the Cancer Research
Campaign, told the BMJ that, although researchers remained "extremely sensitive to the issue of patient consent," it was unreasonable to expect scientists to list every use a tissue sample might be put to.
"It's impossible to predict everything you are going to do. There
are 3000 genes linked to breast cancer. Are you going to list them all
on a consent form?"
Professor McVie expressed concern that plans to create banks of excised
tumour tissue to aid cancer research could be put at risk if collection
of the tissue was restricted.
Professor James Lowe, head of neuropathology at the University of
Nottingham, said that restrictions on retaining tissue after a
coroner's postmortem examination could have serious consequences for
the diagnosis of a wide range of diseases. "It is good practice to
confirm the postmortem diagnosis by histology. But we are no longer
doing that because recent interpretations of the law now imply that
tissues cannot be retained once the coroner has given a cause of death."
As a result, it might never be discovered if a lung cancer could be
attributed to asbestos. Creutzfeldt-Jakob disease, Alzheimer's disease, and alcoholism are now all diagnosed simply as dementia, and
epidemiological research into the real causes of sudden death is
practically impossible. "We are going back to the days when the cause
of death was determined on first sight rather than by checking down the
microscope," said Professor Lowe.
Professor Phil Quirke, head of histopathology at Leeds Teaching
Hospitals NHS Trust, pointed out that thousands of slides and tissue
blocks were currently held in hospitals as part of patients' medical
records. These samples were invaluable in cases where the original
diagnosis was challenged, where there was a genetic basis to the
disease, or where new potential treatments became available. It was
unclear, however, whether the consent obtained before the scandal at
Alder Hey would stand up to current scrutiny.
"We desperately need guidance on this," said Professor Quirke.
"We don't know whether we should continue cataloguing the tissue, or
whether we should try to obtain patient consent retrospectively."
What can you learn from this BMJ paper? Read Leanne Tite's Paper+